SB2-SSA1,62
18Section 62
. 70.44 (1) of the statutes is amended to read:
SB2-SSA1,26,319
70.44
(1) Real
or personal property omitted from assessment in any of the 2
20next previous years
or personal property assessments made before January 1, 2024,
21and omitted from any of the 2 next previous years, unless previously reassessed for
22the same year or years, shall be entered once additionally for each previous year of
23such omission, designating each such additional entry as omitted for the year of
24omission and affixing a just valuation to each entry for a former year as the same
25should then have been assessed according to the assessor's best judgment, and taxes
1shall be apportioned, using the net tax rate as provided in s. 70.43, and collected on
2the tax roll for such entry. This section shall not apply to manufacturing property
3assessed by the department of revenue under s. 70.995.
SB2-SSA1,63
4Section
63. 70.47 (7) (aa) of the statutes is amended to read:
SB2-SSA1,26,95
70.47
(7) (aa) No person shall be allowed to appear before the board of review,
6to testify to the board by telephone or to contest the amount of any assessment
of real
7or personal property if the person has refused a reasonable written request by
8certified mail of the assessor to enter onto property to conduct an exterior view of the
9real or personal property being assessed.
SB2-SSA1,64
10Section 64
. 70.47 (15) of the statutes is repealed.
SB2-SSA1,65
11Section 65
. 70.49 (2) of the statutes is amended to read:
SB2-SSA1,26,1612
70.49
(2) The value of all real
and personal property entered into the
13assessment roll to which such affidavit is attached by the assessor shall, in all actions
14and proceedings involving such values, be presumptive evidence that all such
15properties have been justly and equitably assessed in proper relationship to each
16other.
SB2-SSA1,66
17Section
66. 70.50 of the statutes is amended to read:
SB2-SSA1,27,2
1870.50 Delivery of roll. Except in counties that have a county assessment
19system under s. 70.99 and in cities of the 1st class and in 2nd class cities that have
20a board of assessors under s. 70.075 the assessor shall, on or before the first Monday
21in May, deliver the completed assessment roll and all the sworn statements
and
22valuations of personal property to the clerk of the town, city
, or village, who shall file
23and preserve them in the clerk's office. On or before the first Monday in April, a
24county assessor under s. 70.99 shall deliver the completed assessment roll and all
1sworn statements
and valuations of personal property to the clerks of the towns,
2cities
, and villages in the county, who shall file and preserve them in the clerk's office.
SB2-SSA1,67
3Section 67
. 70.52 of the statutes is amended to read:
SB2-SSA1,27,15
470.52 Clerks to examine and correct rolls. Each city, village, and town
5clerk upon receipt of the assessment roll shall carefully examine the roll. The clerk
6shall correct all double assessments, imperfect descriptions, and other errors
7apparent on the roll, and correct the value of parcels of real property not liable to
8taxation. The clerk shall add to the roll any parcel of real property not listed on the
9assessment roll
or item of personal property omitted from the roll and immediately
10notify the assessors of the additions and omissions. The assessors shall immediately
11view and value the omitted property and certify the valuation to the clerk. The clerk
12shall enter the valuation and property classification on the roll, and the valuation
13shall be final. To enable the clerk to properly correct defective descriptions, the clerk
14may request aid, when necessary, from the county surveyor, whose fees for the
15services rendered shall be paid by the city, village, or town.
SB2-SSA1,68
16Section
68. 70.53 (1) (a) of the statutes is repealed.
SB2-SSA1,69
17Section 69
. 70.65 (2) (a) 2. of the statutes is amended to read:
SB2-SSA1,27,2018
70.65
(2) (a) 2.
Identify For assessments made before January 1, 2024, identify 19the name and address of the owners of all taxable personal property within the
20taxation district and the assessed value of each owner's taxable personal property.
SB2-SSA1,70
21Section 70
. 70.65 (2) (b) (intro.) of the statutes is amended to read:
SB2-SSA1,27,2422
70.65
(2) (b) (intro.) With respect to each description of real property and each
23owner of taxable personal property
and the personal property assessments made
24before January 1, 2024:
SB2-SSA1,71
25Section 71
. 70.68 (1) of the statutes is amended to read:
SB2-SSA1,28,7
170.68
(1) Collection in certain cities. In For taxes levied before January 1,
22024, in cities authorized to act under s. 74.87, the chief of police shall collect all state,
3county, city, school
, and other taxes due on personal property as shall then remain
4unpaid, and the chief of police shall possess all the powers given by law to town
5treasurers for the collection of such taxes, and be subject to the liabilities and entitled
6to the same fees as town treasurers in such cases, but such fees shall be turned over
7to the city treasurer and become a part of the general fund.
SB2-SSA1,72
8Section 72
. 70.73 (1) (b) of the statutes is amended to read:
SB2-SSA1,28,159
70.73
(1) (b) If a town, village
, or city clerk or treasurer discovers that personal
10property has been assessed to the wrong person
for assessments made before
11January 1, 2024, or 2 or more parcels of land belonging to different persons have been
12erroneously assessed together on the tax roll, the clerk or treasurer shall notify the
13assessor and all parties interested, if the parties are residents of the county, by notice
14in writing to appear at the clerk's office at some time, not less than 5 days thereafter,
15to correct the assessment roll.
SB2-SSA1,73
16Section 73
. 70.73 (1) (c) of the statutes is amended to read:
SB2-SSA1,28,2217
70.73
(1) (c) At the time and place designated in the notice given under par. (b),
18the assessment roll shall be corrected by entering the correct names of the persons
19liable to assessment
, both as to real and personal property, describing each parcel of
20land and giving the proper valuation to each parcel separately owned. The total
21valuation given to the separate tracts of real estate shall be equal to the valuation
22given to the same property when the several parcels were assessed together.
SB2-SSA1,74
23Section 74
. 70.73 (1) (d) of the statutes is amended to read:
SB2-SSA1,29,324
70.73
(1) (d) The valuation of parcels of land
or correction of names of persons
25whose personal property is assessed under this subsection may be made at any time
1before the tax roll is returned to the county treasurer for the year in which the tax
2is levied. The valuation
or correction of names, when made under this subsection,
3shall be held just and correct and be final and conclusive.
SB2-SSA1,75
4Section 75
. 70.84 of the statutes is amended to read:
SB2-SSA1,29,25
570.84 Inequalities may be corrected in subsequent year. If any such
6reassessment cannot be completed in time to take the place of the original
7assessment made in such district for said year, the clerk of the district shall levy and
8apportion the taxes for that year upon the basis of the original assessment roll, and
9when the reassessment is completed the inequalities in the taxes levied under the
10original assessment shall be remedied and compensated in the levy and
11apportionment of taxes in such district next following the completion of said
12reassessment in the following manner: Each tract of real estate, and, as to personal
13property
assessments made before January 1, 2024, each taxpayer, whose tax shall
14be determined by such reassessment to have been relatively too high, shall be
15credited a sum equal to the amount of taxes charged on the original assessment in
16excess of the amount which would have been charged had such reassessment been
17made in time; and each tract of real estate, and, as to personal property
assessments
18made before January 1, 2024, each taxpayer, whose tax shall be determined by such
19reassessment to have been relatively too low, shall be charged, in addition to all other
20taxes, a sum equal to the difference between the amount of taxes charged upon such
21unequal original assessment and the amount which would have been charged had
22such reassessment been made in time. The department of revenue, or its authorized
23agent, shall at any time have access to all assessment and tax rolls herein referred
24to for the purpose of assisting the local clerk and in order that the results of the
25reassessment may be carried into effect.
SB2-SSA1,76
1Section
76. 70.855 (1) (intro.) of the statutes is amended to read:
SB2-SSA1,30,42
70.855
(1) Applicability. (intro.) The department of revenue shall assess real
3and personal property assessed as commercial property under s. 70.32 (2) (a) 2. if all
4of the following apply:
SB2-SSA1,77
5Section 77
. 70.855 (1) (a) of the statutes is amended to read:
SB2-SSA1,30,96
70.855
(1) (a) The property owner and the governing body of the municipality
7where the property is located submit a written request to the department on or before
8March 1 of the year of the assessment to have the department assess the property
9owner's real
and personal commercial property located in the municipality.
SB2-SSA1,78
10Section 78
. 70.855 (1) (b) of the statutes is amended to read:
SB2-SSA1,30,1211
70.855
(1) (b) The written request submitted under par. (a) specifies the
items
12of personal property and parcels of real property for the department's assessment.
SB2-SSA1,79
13Section 79
. 70.995 (1) (a) of the statutes is amended to read:
SB2-SSA1,31,414
70.995
(1) (a) In this section “manufacturing property" includes all
lands,
15buildings, structures and other real property
, as defined in s. 70.03, used in
16manufacturing, assembling, processing, fabricating, making
, or milling tangible
17personal property for profit. Manufacturing property also includes warehouses,
18storage facilities
, and office structures
in this state when the predominant use of the
19warehouses, storage facilities
, or offices is in support of the manufacturing property
,
20and all personal property owned or used by any person engaged in this state in any
21of the activities mentioned, and used in the activity, including raw materials,
22supplies, machinery, equipment, work in process and finished inventory when
23located at the site of the activity. Establishments engaged in assembling component
24parts of manufactured products are considered manufacturing establishments if the
25new product is neither a structure nor other fixed improvement. Materials processed
1by a manufacturing establishment include products of agriculture, forestry, fishing,
2mining
, and quarrying. For the purposes of this section, establishments which
3engage in mining metalliferous minerals are considered manufacturing
4establishments.
SB2-SSA1,80
5Section 80
. 70.995 (4) of the statutes is amended to read:
SB2-SSA1,31,246
70.995
(4) Whenever real property
or tangible personal property is used for
7one, or some combination, of the processes mentioned in sub. (3) and also for other
8purposes, the department of revenue, if satisfied that there is substantial use in one
9or some combination of such processes, may assess the property under this section.
10For all purposes of this section the department of revenue shall have sole discretion
11for the determination of what is substantial use and what description of real property
12or what unit of tangible personal property shall constitute “the property" to be
13included for assessment purposes, and, in connection herewith, the department may
14include in a real property unit, real property owned by different persons. Vacant
15property designed for use in manufacturing, assembling, processing, fabricating,
16making
, or milling tangible property for profit may be assessed under this section or
17under s. 70.32 (1), and the period of vacancy may not be the sole ground for making
18that determination. In those specific instances where a portion of a description of
19real property includes manufacturing property rented or leased and operated by a
20separate person which does not satisfy the substantial use qualification for the entire
21property, the local assessor shall assess the entire real property description
and all
22personal property not exempt under s. 70.11 (27)
. The applicable portions of the
23standard manufacturing property report form under sub. (12) as they relate to
24manufacturing machinery and equipment shall be submitted by such person.
SB2-SSA1,81
25Section
81. 70.995 (5) of the statutes is amended to read:
SB2-SSA1,32,11
170.995
(5) The department of revenue shall assess all property of
2manufacturing establishments included under subs. (1) and (2)
, except property not
3contiguous with or located within 1,000 feet of the parcel on which the production
4process, as defined in s. 70.11 (27) (a) 5., occurs, as of the close of January 1 of each
5year, if on or before March 1 of that year the department has classified the property
6as manufacturing or the owner of the property has requested, in writing, that the
7department make such a classification and the department later does so. A change
8in ownership
, location, or name of the manufacturing establishment does not
9necessitate a new request. In assessing lands from which metalliferous minerals are
10being extracted and valued for purposes of the tax under s. 70.375, the value of the
11metalliferous mineral content of such lands shall be excluded.
SB2-SSA1,82
12Section 82
. 70.995 (5n) of the statutes is created to read:
SB2-SSA1,32,2013
70.995
(5n) (a)
If the department of revenue determines that an establishment
14is engaged in manufacturing, as described in subs. (1), (2), and (3), the department
15may classify the establishment as manufacturing. The establishment shall submit
16a written request on or before July 1 of the year for which classification is desired,
17as provided under s. 71.07 (5n) (a) 9. c. or 71.28 (5n) (a) 9. c. Any establishment
18classified as manufacturing prior to January 1, 2024, is presumed to be engaged in
19manufacturing, as described in subs. (1), (2), and (3), and need not submit a request
20as provided in this paragraph.
SB2-SSA1,33,221
(b) The department may at any time investigate or audit requests submitted
22under par. (a) and may revoke a classification. A revocation under this paragraph
23may not apply retroactively, but shall take effect on the first day of the
24establishment's taxable year following the year in which the department issues a
1revocation. An establishment that submits a request under par. (a) shall notify the
2department within 60 days of any termination of manufacturing activity.
SB2-SSA1,33,113
(c) On or before December 31 of the year in which a request is timely submitted
4under par. (a), the department shall issue a notice of determination responding to the
5timely request. The department may, in its sole discretion, issue a notice of
6determination by December 31 for requests received after July 1 of the year in which
7classification is desired. The notice shall be in writing and shall be sent by 1st class
8mail or electronic mail. In addition, the notice shall specify that objections to the
9decision shall be filed with the state board of assessors no later than 60 days after
10the date of the notice, that a fee of $200 shall be paid when the objection is filed, and
11that the objection is not filed until the fee is paid.
SB2-SSA1,33,1712
(d) For purposes of this subsection, an objection is considered timely filed if
13received by the state board of assessors no later than 60 days after the date of the
14notice or sent to the state board of assessors by U.S. postal service certified mail in
15a properly addressed envelope, with postage paid, that is postmarked before
16midnight of the last day for filing. Neither the board nor the tax appeals commission
17may waive the requirement that objections be in writing.
SB2-SSA1,33,2118
(e) The state board of assessors shall investigate any objection timely filed
19under par. (d) if the fee specified under par. (c) is paid. The board shall notify the
20person objecting or the person's agent of its determination by 1st class mail or
21electronic mail.
SB2-SSA1,34,222
(f) If a determination of the state board of assessors under par. (e) results in an
23establishment not being classified as manufacturing, the person having been
24notified of the determination shall be deemed to have accepted the determination
25unless the person files a petition for review with the clerk of the tax appeals
1commission, as provided under s. 73.01 (5) and the rules of practice of the tax appeals
2commission.
SB2-SSA1,83
3Section 83
. 70.995 (7) (b) of the statutes is amended to read:
SB2-SSA1,34,74
70.995
(7) (b) Each 5 years, or more frequently if the department of revenue's
5workload permits and if in the department's judgment it is desirable, the department
6of revenue shall complete a field investigation or on-site appraisal at full value under
7ss. s. 70.32 (1)
and 70.34 of all manufacturing
real property in this state.
SB2-SSA1,84
8Section 84
. 70.995 (8) (b) 1. of the statutes is amended to read:
SB2-SSA1,35,29
70.995
(8) (b) 1. The department of revenue shall annually notify each
10manufacturer assessed under this section and the municipality in which the
11manufacturing property is located of the full value of all real
and personal property
12owned by the manufacturer. The notice shall be in writing and shall be sent by 1st
13class mail or electronic mail. In addition, the notice shall specify that objections to
14valuation, amount, or taxability must be filed with the state board of assessors no
15later than 60 days after the date of the notice of assessment, that objections to a
16change from assessment under this section to assessment under s. 70.32 (1) must be
17filed no later than 60 days after the date of the notice, that the fee under par. (c) 1.
18or (d) must be paid and that the objection is not filed until the fee is paid. For
19purposes of this subdivision, an objection is considered timely filed if received by the
20state board of assessors no later than 60 days after the date of the notice or sent to
21the state board of assessors by certified mail in a properly addressed envelope, with
22postage paid, that is postmarked before midnight of the last day for filing. A
23statement shall be attached to the assessment roll indicating that the notices
24required by this section have been mailed and failure to receive the notice does not
25affect the validity of the assessments, the resulting tax on real
or personal property,
1the procedures of the tax appeals commission or of the state board of assessors, or
2the enforcement of delinquent taxes by statutory means.
SB2-SSA1,85
3Section 85
. 70.995 (12) (a) of the statutes is amended to read:
SB2-SSA1,36,24
70.995
(12) (a) The department of revenue shall prescribe a standard
5manufacturing property report form that shall be submitted annually for each real
6estate parcel
and each personal property account on or before March 1 by all
7manufacturers whose property is assessed under this section. The report form shall
8contain all information considered necessary by the department and shall include,
9without limitation, income and operating statements, fixed asset schedules
, and a
10report of new construction or demolition. Failure to submit the report shall result
11in denial of any right of redetermination by the state board of assessors or the tax
12appeals commission. If any property is omitted or understated in the
manufacturing
13real estate assessment roll in any of the next 5 previous years,
or in a manufacturing
14personal property assessment roll made before January 1, 2024, the assessor shall
15enter the value of the omitted or understated property once for each previous year
16of the omission or understatement. The assessor shall affix a just valuation to each
17entry for a former year as it should have been assessed according to the assessor's
18best judgment. Taxes shall be apportioned and collected on the tax roll for each entry,
19on the basis of the net tax rate for the year of the omission, taking into account credits
20under s. 79.10. In the case of omitted property, interest shall be added at the rate of
210.0267 percent per day for the period of time between the date when the form is
22required to be submitted and the date when the assessor affixes the just valuation.
23In the case of underpayments determined after an objection under sub. (8) (d),
24interest shall be added at the average annual discount interest rate determined by
1the last auction of 6-month U.S. treasury bills before the objection per day for the
2period of time between the date when the tax was due and the date when it is paid.
SB2-SSA1,86
3Section
86. 71.07 (5n) (a) 5. a. of the statutes is amended to read:
SB2-SSA1,36,114
71.07
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
5numerator of which is the average value of the claimant's
real and personal property
6assessed under s. 70.995 land and depreciable property, owned or rented and used
7in this state by the claimant during the taxable year to manufacture qualified
8production property, and the denominator of which is the average value of all the
9claimant's
real and personal land and depreciable property owned or rented during
10the taxable year and used by the claimant to manufacture qualified production
11property.
SB2-SSA1,87
12Section 87
. 71.07 (5n) (a) 5. d. of the statutes is repealed.
SB2-SSA1,88
13Section 88
. 71.07 (5n) (a) 9. (intro.) of the statutes is amended to read:
SB2-SSA1,36,1514
71.07
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
15the following:
SB2-SSA1,89
16Section 89
. 71.07 (5n) (a) 9. a. of the statutes is amended to read:
SB2-SSA1,36,2317
71.07
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
18by the claimant on property that is
located in this state and assessed as
19manufacturing property under s. 70.995.
Tangible personal property manufactured
20in this state may only be qualified production property if it is manufactured on
21property approved to be classified as manufacturing real property for purposes of s.
2270.995, even if it is not eligible to be listed on the department's manufacturing roll
23until January 1 of the following year.
SB2-SSA1,90
24Section 90
. 71.07 (5n) (a) 9. c. of the statutes is created to read:
SB2-SSA1,37,10
171.07
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
2by the claimant at an establishment that is located in this state and classified as
3manufacturing under s. 70.995 (5n). A person wishing to classify the person's
4establishment as manufacturing under this subd. 9. c. shall file an application in the
5form and manner prescribed by the department no later than July 1 of the taxable
6year for which the person wishes to claim the credit under this subsection, pursuant
7to s. 70.995 (5n). The department shall make a determination and provide written
8notice by December 31 of the year in which the application is filed. A determination
9on the classification under this subd. 9. c. may be appealed as provided under s.
1070.995 (5n).
SB2-SSA1,91
11Section
91. 71.07 (5n) (d) 2. of the statutes is amended to read:
SB2-SSA1,37,2012
71.07
(5n) (d) 2. For purposes of determining a claimant's eligible qualified
13production activities income under this subsection, the claimant shall multiply the
14claimant's qualified production activities income from property manufactured by the
15claimant by the manufacturing property factor and qualified production activities
16income from property produced, grown, or extracted by the claimant by the
17agriculture property factor.
This subdivision does not apply if the claimant's entire
18qualified production activities income results from the sale of tangible personal
19property that was manufactured, produced, grown, or extracted wholly in this state
20by the claimant.
SB2-SSA1,92
21Section
92. 71.07 (6e) (a) 5. of the statutes is amended to read:
SB2-SSA1,38,1322
71.07
(6e) (a) 5. “Property taxes" means real
and personal property taxes,
23exclusive of special assessments, delinquent interest, and charges for service, paid
24by a claimant, and the claimant's spouse if filing a joint return, on the eligible
25veteran's or unremarried surviving spouse's principal dwelling in this state during
1the taxable year for which credit under this subsection is claimed, less any property
2taxes paid which are properly includable as a trade or business expense under
3section
162 of the Internal Revenue Code. If the principal dwelling on which the
4taxes were paid is owned by 2 or more persons or entities as joint tenants or tenants
5in common or is owned by spouses as marital property, “property taxes" is that part
6of property taxes paid that reflects the ownership percentage of the claimant, except
7that this limitation does not apply to spouses who file a joint return. If the principal
8dwelling is sold during the taxable year, the “property taxes" for the seller and buyer
9shall be the amount of the tax prorated to each in the closing agreement pertaining
10to the sale or, if not so provided for in the closing agreement, the tax shall be prorated
11between the seller and buyer in proportion to months of their respective ownership.
12“Property taxes" includes monthly municipal permit fees in respect to a principal
13dwelling collected under s. 66.0435 (3) (c).
SB2-SSA1,93
14Section
93. 71.07 (9) (a) 3. of the statutes is amended to read:
SB2-SSA1,39,415
71.07
(9) (a) 3. “Property taxes" means real
and personal property taxes,
16exclusive of special assessments, delinquent interest and charges for service, paid by
17a claimant on the claimant's principal dwelling during the taxable year for which
18credit under this subsection is claimed, less any property taxes paid which are
19properly includable as a trade or business expense under section
162 of the Internal
20Revenue Code. If the principal dwelling on which the taxes were paid is owned by
212 or more persons or entities as joint tenants or tenants in common or is owned by
22spouses as marital property, “property taxes" is that part of property taxes paid that
23reflects the ownership percentage of the claimant. If the principal dwelling is sold
24during the taxable year the “property taxes" for the seller and buyer shall be the
25amount of the tax prorated to each in the closing agreement pertaining to the sale
1or, if not so provided for in the closing agreement, the tax shall be prorated between
2the seller and buyer in proportion to months of their respective ownership. “
Property
3taxes" includes monthly municipal permit fees in respect to a principal dwelling
4collected under s. 66.0435 (3) (c).
SB2-SSA1,94
5Section 94
. 71.17 (2) of the statutes is amended to read:
SB2-SSA1,39,136
71.17
(2) Lien on trust estate; income taxes levied against beneficiary. All
7income taxes levied against the income of beneficiaries shall be a lien on that portion
8of the trust estate or interest therein from which the income taxed is derived, and
9such taxes shall be paid by the fiduciary, if not paid by the distributee, before the
10same become delinquent. Every person who, as a fiduciary under the provisions of
11this subchapter, pays an income tax shall have all the rights and remedies of
12reimbursement for any taxes assessed against him or her or paid by him or her in
13such capacity, as provided in s. 70.19 (1)
, 2021 stats., and
s. 70.19 (2)
, 2021 stats.
SB2-SSA1,95
14Section
95. 71.28 (5n) (a) 5. a. of the statutes is amended to read:
SB2-SSA1,39,2215
71.28
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
16numerator of which is the average value of the claimant's
real and personal property
17assessed under s. 70.995 land and depreciable property, owned or rented and used
18in this state by the claimant during the taxable year to manufacture qualified
19production property, and the denominator of which is the average value of all the
20claimant's
real and personal land and depreciable property owned or rented during
21the taxable year and used by the claimant to manufacture qualified production
22property.
SB2-SSA1,96
23Section 96
. 71.28 (5n) (a) 5. d. of the statutes is repealed.
SB2-SSA1,97
24Section 97
. 71.28 (5n) (a) 9. (intro.) of the statutes is amended to read:
SB2-SSA1,40,2
171.28
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
2the following:
SB2-SSA1,98
3Section 98
. 71.28 (5n) (a) 9. a. of the statutes is amended to read:
SB2-SSA1,40,104
71.28
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
5by the claimant on property that is
located in this state and assessed as
6manufacturing property under s. 70.995.
Tangible personal property manufactured
7in this state may only be qualified production property if it is manufactured on
8property approved to be classified as manufacturing real property for purposes of s.
970.995, even if it is not eligible to be listed on the department's manufacturing roll
10until January 1 of the following year.
SB2-SSA1,99
11Section 99
. 71.28 (5n) (a) 9. c. of the statutes is created to read:
SB2-SSA1,40,2112
71.28
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
13by the claimant with an establishment that is located in this state and classified as
14manufacturing under s. 70.995 (5n). A person wishing to classify the person's
15establishment as manufacturing under this subd. 9. c. shall file an application in the
16form and manner prescribed by the department no later than July 1 of the taxable
17year for which the person wishes to claim the credit under this subsection, pursuant
18to s. 70.995 (5n). The department shall make a determination and provide written
19notice by December 31 of the year in which the application is filed. A determination
20on the classification under this subd. 9. c. may be appealed as provided under s.
2170.995 (5n).
SB2-SSA1,100
22Section
100. 71.28 (5n) (d) 2. of the statutes is amended to read:
SB2-SSA1,41,623
71.28
(5n) (d) 2. Except as provided in subd. 3., for purposes of determining a
24claimant's eligible qualified production activities income under this subsection, the
25claimant shall multiply the claimant's qualified production activities income from
1property manufactured by the claimant by the manufacturing property factor and
2qualified production activities income from property produced, grown, or extracted
3by the claimant by the agriculture property factor.
This subdivision does not apply
4if the claimant's entire qualified production activities income results from the sale
5of tangible personal property that was manufactured, produced, grown, or extracted
6wholly in this state by the claimant.
SB2-SSA1,101
7Section
101. 71.52 (7) of the statutes is amended to read:
SB2-SSA1,43,58
71.52
(7) “Property taxes accrued" means real
or personal property taxes or
9monthly municipal permit fees under s. 66.0435 (3) (c), exclusive of special
10assessments, delinquent interest and charges for service, levied on a homestead
11owned by the claimant or a member of the claimant's household. “Real
or personal 12property taxes" means those levied under ch. 70, less the tax credit, if any, afforded
13in respect of such property by s. 79.10. If a homestead is owned by 2 or more persons
14or entities as joint tenants or tenants in common or is owned as marital property or
15survivorship marital property and one or more such persons, entities or owners is not
16a member of the claimant's household, property taxes accrued is that part of property
17taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10,
18that reflects the ownership percentage of the claimant and the claimant's household,
19except that if a homestead is owned by 2 or more natural persons or if 2 or more
20natural persons have an interest in a homestead, one or more of whom is not a
21member of the claimant's household, and the claimant has a present interest, as that
22term is used in s. 700.03 (1), in the homestead and is required by the terms of a will
23that transferred the homestead or interest in the homestead to the claimant to pay
24the entire amount of property taxes levied on the homestead, property taxes accrued
25is property taxes accrued levied on such homestead, reduced by the tax credit under
1s. 79.10. A marital property agreement or unilateral statement under ch. 766 has
2no effect in computing property taxes accrued for a person whose homestead is not
3the same as the homestead of that person's spouse. For purposes of this subsection,
4property taxes are “levied" when the tax roll is delivered to the local treasurer for
5collection. If a homestead is sold or purchased during the calendar year of the levy,
6the property taxes accrued for the seller and the buyer are the amount of the tax levy
7prorated to each in proportion to the periods of time each both owned and occupied
8the homestead during the year to which the claim relates. The seller may use the
9closing agreement pertaining to the sale of the homestead, the property tax bill for
10the year before the year to which the claim relates or the property tax bill for the year
11to which the claim relates as the basis for computing property taxes accrued, but
12those taxes are allowable only for the portion of the year during which the seller
13owned and occupied the sold homestead. If a household owns and occupies 2 or more
14homesteads in the same calendar year, property taxes accrued is the sum of the
15prorated property taxes accrued attributable to the household for each of such
16homesteads. If the household owns and occupies the homestead for part of the
17calendar year and rents a homestead for part of the calendar year, it may include both
18the proration of taxes on the homestead owned and rent constituting property taxes
19accrued with respect to the months the homestead is rented in computing the amount
20of the claim under s. 71.54 (1). If a homestead is an integral part of a multipurpose
21or multidwelling building, property taxes accrued are the percentage of the property
22taxes accrued on that part of the multipurpose or multidwelling building occupied
23by the household as a principal residence plus that same percentage of the property
24taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably
25necessary for use of the multipurpose or multidwelling building as a principal
1residence, except as the limitations of s. 71.54 (2) (b) apply. If the homestead is part
2of a farm, property taxes accrued are the property taxes accrued on up to 120 acres
3of the land contiguous to the claimant's principal residence and include the property
4taxes accrued on all improvements to real property located on such land, except as
5the limitations of s. 71.54 (2) (b) apply.
SB2-SSA1,102
6Section
102. 73.01 (5) (a) of the statutes is amended to read:
SB2-SSA1,44,167
73.01
(5) (a) Any person who is aggrieved by a determination of the state board
8of assessors under s. 70.995
(5n) or (8) or who has filed a petition for redetermination
9with the department of revenue and who is aggrieved by the redetermination of the
10department of revenue may, within 60 days of the determination of the state board
11of assessors or of the department of revenue or, in all other cases, within 60 days after
12the redetermination but not thereafter, file with the clerk of the commission a
13petition for review of the action of the department of revenue and the number of
14copies of the petition required by rule adopted by the commission. Any person who
15is aggrieved by a determination of the department of transportation under s. 341.405
16or 341.45 may, within 30 days after the determination of the department of
17transportation, file with the clerk of the commission a petition for review of the action
18of the department of transportation and the number of copies of the petition required
19by rule adopted by the commission. If a municipality appeals, its appeal shall set
20forth that the appeal has been authorized by an order or resolution of its governing
21body and the appeal shall be verified by a member of that governing body as
22pleadings in courts of record are verified. The clerk of the commission shall transmit
23one copy to the department of revenue, or to the department of transportation, and
24to each party. In the case of appeals from manufacturing property assessments, the
25person assessed shall be a party to a proceeding initiated by a municipality. At the
1time of filing the petition, the petitioner shall pay to the commission a $25 filing fee.
2The commission shall deposit the fee in the general fund. Within 30 days after such
3transmission the department of revenue, except for petitions objecting to
4manufacturing property assessments, or the department of transportation, shall file
5with the clerk of the commission an original and the number of copies of an answer
6to the petition required by rule adopted by the commission and shall serve one copy
7on the petitioner or the petitioner's attorney or agent. Within 30 days after service
8of the answer, the petitioner may file and serve a reply in the same manner as the
9petition is filed. Any person entitled to be heard by the commission under s. 76.38
10(12) (a), 1993 stats., or s. 76.39 (4) (c) or 76.48 may file a petition with the commission
11within the time and in the manner provided for the filing of petitions in income or
12franchise tax cases. Such papers may be served as a circuit court summons is served
13or by certified mail. For the purposes of this subsection, a petition for review is
14considered timely filed if mailed by certified mail in a properly addressed envelope,
15with postage duly prepaid, which envelope is postmarked before midnight of the last
16day for filing.
SB2-SSA1,103
17Section 103
. 76.02 (1) of the statutes is amended to read:
SB2-SSA1,44,2318
76.02
(1) “Air carrier company" means any person engaged in the business of
19transportation in aircraft of persons or property for hire on regularly scheduled
20flights, except an air carrier company whose property is exempt from taxation under
21s.
70.11 (42) (b) 76.074 (2). In this subsection, “aircraft" means a completely equipped
22operating unit, including spare flight equipment, used as a means of conveyance in
23air commerce.
SB2-SSA1,104
24Section 104
. 76.025 (5) of the statutes is created to read:
SB2-SSA1,45,4
176.025
(5) Nothing in this chapter or ch. 70 shall be construed as providing an
2exemption for personal property for entities regulated under this chapter, except for
3the exemptions under ss. 70.11 (21), (39), and (39m), 70.112 (4) (b) and (5), and
476.074, and for such motor vehicles as are exempt under s. 70.112 (5).
SB2-SSA1,105
5Section 105
. 76.03 (1) of the statutes is amended to read:
SB2-SSA1,45,96
76.03
(1) The property, both real and personal, including all rights, franchises
7and privileges used in and necessary to the prosecution of the business of any
8company enumerated in s. 76.02
shall be deemed personal property for the purposes
9of taxation, and shall be valued and assessed together as a unit.